I am about to get medically retired from the Air Force after 23 years of service for Type II diabetes. Even though that is what they are retiring me for, I have other issues that I will be claiming for service connected disabilities through the VA.
Obstructive Sleep Apnea
Type II diabetes
Bilateral Pes Planus
Hypertension
Recurrent Hemmorrhoids
Lumbago
Allergic Conjunctivitis
Herniated Disks L5-S1
Erectile dysfunction (secondary to hyertension)
Most of the other issues bother me, but not as much as the Obstructive Sleep Apnea and Type II diabetes. I fall asleep at my desk daily. I am in a management position and the people who works for me look after me when this happens. They do tease me about it which is all in good fun. I hate to say it, but I have to fight to keep myself awake when I am driving home from work. It's pretty bad. On days I don't work it is not a problem with driving, but if I have to sit in front of a computer, I am done I will fall asleep eventually. Not for long but long enough for people to notice. Even with my CPAP, it is not the cure all I thought it would be. My job is an office administrator for the past 23 years so sitting at a desk is what I do. With my Type II diabetes, I take insulin and medicine called Metformin. The insulin I can handle, the metformin makes me sick as a dog, but it keeps my blood sugar at the necessary level. It is a necessary evil I guess. With the Sleep Apnea and the sickness from my meds, I am at least 40-50% working compacity. And that is everyday. I haven't felt well for a long time. Being in the military I am kind of supported in a way. When I retire, and get a job in the civilian world, I want have that support in the work place. I know once I fall asleep at my desk the first or second time, I am sure I would be fired. Who would hire someone and pay someone who falls asleep at his desk.
My question what are my chances of asking for TDIU or SSDI...????? I am not the type of guy that just not want to work, but I can't work at full compacity the way I feel daily. It really sucks when you get up in the morning and you feel like you haven't slept a wink, the body gets worn down and that is how I feel.
These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.
Service Connection
Frost v. Shulkin (2017)
This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected.
Saunders v. Wilkie (2018)
The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.
Effective Dates
Martinez v. McDonough (2023)
This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.
Question
mrjenks
I am about to get medically retired from the Air Force after 23 years of service for Type II diabetes. Even though that is what they are retiring me for, I have other issues that I will be claiming for service connected disabilities through the VA.
Obstructive Sleep Apnea
Type II diabetes
Bilateral Pes Planus
Hypertension
Recurrent Hemmorrhoids
Lumbago
Allergic Conjunctivitis
Herniated Disks L5-S1
Erectile dysfunction (secondary to hyertension)
Most of the other issues bother me, but not as much as the Obstructive Sleep Apnea and Type II diabetes. I fall asleep at my desk daily. I am in a management position and the people who works for me look after me when this happens. They do tease me about it which is all in good fun. I hate to say it, but I have to fight to keep myself awake when I am driving home from work. It's pretty bad. On days I don't work it is not a problem with driving, but if I have to sit in front of a computer, I am done I will fall asleep eventually. Not for long but long enough for people to notice. Even with my CPAP, it is not the cure all I thought it would be. My job is an office administrator for the past 23 years so sitting at a desk is what I do. With my Type II diabetes, I take insulin and medicine called Metformin. The insulin I can handle, the metformin makes me sick as a dog, but it keeps my blood sugar at the necessary level. It is a necessary evil I guess. With the Sleep Apnea and the sickness from my meds, I am at least 40-50% working compacity. And that is everyday. I haven't felt well for a long time. Being in the military I am kind of supported in a way. When I retire, and get a job in the civilian world, I want have that support in the work place. I know once I fall asleep at my desk the first or second time, I am sure I would be fired. Who would hire someone and pay someone who falls asleep at his desk.
My question what are my chances of asking for TDIU or SSDI...????? I am not the type of guy that just not want to work, but I can't work at full compacity the way I feel daily. It really sucks when you get up in the morning and you feel like you haven't slept a wink, the body gets worn down and that is how I feel.
Any info or advice.....?????
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